Sunday, December 06, 2009

Nebraska Supreme Court affirms dismissal against purchaser of commercial property who claimed seller negligently misrepresented condition of building's roof when Supreme Court found plaintiff must show it used ordinary prudence when it relied on the neglient misrepresentations.Lucky 7 v. THT Realty, S-08-1290, 278 Neb. 997in both negligent and fraudulent misrepresentation cases, whether the plaintiff exercised ordinary prudence is relevant to whether the plaintiff justifiably relied on the misrepresentation when the means of discovering the truth was in the plaintiff’s hands..justifiable reliance must be decided on a case-by-case basis..Ordinary prudence is a factor in determining whether a plaintiff is justified in relying upon a defendant’s representations. The district court did not err as a matter of law in applying an ordinary prudence standard to Lucky 7’s negligent misrepresentation claim. We also conclude the court’s factual findings were not clearly wrong.